REGENT COMPUTRONICS PVT. LTD.

Ashok Kumar Meena S/O Shri Moti Lal Meena, Aged 41 Years, R/O Plot No. 17, Sarvari Pav Ki Bagichi, Janta Colony, Jaipur Appellant

V/S

Sarvari Pav Chela Maji Shanakear Nath, R/O Sarvari Pav Ki Bagichi, Janta Colony, Jaipur Respondents

Referred Judgements :-

FATI CHAND SAHU V. LILAMBAR SING DAS [REFERRED TO]
SAMARENDRA NATH SINHA V. KRSHNA KUMAR NAG [REFERRED TO]
DURGA PERIOD VS. DEEP CHAND [REFERRED TO]
DURGA PERIOD VS. DEEP CHAND [REFERRED TO]
JUGALKISHORO SARAF VS. RAW COTTON COMPANY LIMITED [REFERRED TO]
SAILA BALA DASSI VS. NIRMALA SUNDARI DASSI [REFERRED TO]
RAM BARAN PRASAD VS. RAM MOHIT HAZRA [REFERRED TO]
HULAS RAI BAIJ NATH VS. FIRM K B BASS AND CO [REFERRED TO]
KEDAR NATH LAL VS. GANESH RAM [REFERRED TO]
R C CHANDIOK VS. CHUNI LAL SABHARWAL [REFERRED TO]
DWARKA PRASAD SINGH VS. HARIKANT PRASAD SINGH [REFERRED TO]
RAMESH HIRACHAND KUNDANMAL VS. MUNICIPAL CORPORATION OF GREATER BOMBAY [REFERRED TO]
STATE OF UTTAR PRADESH VS. DISTRICT JUDGE [REFERRED TO]
DHURANDHAR PRASAD SINGH VS. JAI PRAKASH UNIVERSITY [REFERRED TO]
RAJ KUMAR VS. SARDARI LAL [REFERRED TO]
AMIT KUMAR SHAW VS. FARIDA KHATOON [REFERRED TO]
SUMTIBAI VS. PARAS FINANCE CO [REFERRED TO]
DHARMA NAIKA VS. RAMA NAIKA [REFERRED TO]
RAHEJA UNIVERSAL LIMITED VS. NRC LIMITED [REFERRED TO]
ALLIBHAI MAHOMED AKUJI VS. DADA ALLI ISAP [REFERRED TO]
KAFILADDIN VS. SAMIRADDIN [REFERRED TO]
THOMSON PRESS (INDIA) LTD VS. NANAK BUILDERS & INVESTORS P.LTD [REFERRED TO]
DEVENDRA KUMAR SAREWGEE VS. PURBANCHAL ESTATES (P) LTD. [REFERRED TO]

JUDGEMENT

(1.) By way of this appeal, the appellants have challenged the judgment and order dated 28.04.2000 passed by the learned Single Judge whereby the learned Single Judge has dismissed as withdrawn the first appeal filed by the original plaintiff and rejected the application under Order 22, Rule 10 read with Rule 11 Code of Civil Procedure which was filed by the present appellants.

(2.) The facts of the case, according to the appellants, are as under:

(3.) Counsel for the appellant has contended that the learned Single Judge has committed error in rejecting the application under Order 22, Rule 10 CPC, more particularly, the appellants have interest in the property and agreement to sell was on record and application under Order 22, Rule 10 Code of Civil Procedure ought to have been allowed pending appeal at appellate stage. Counsel for the appellant has relied upon the decisions of the Supreme Court in the case of:

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ASHOK KUMAR MEENA S/O SHRI MOTI LAL MEENA, AGED 41 YEARS, R/O PLOT NO. 17, SARVARI PAV KI BAGICHI, JANTA COLONY, JAIPUR Vs. SARVARI PAV CHELA MAJI SHANAKEAR NATH, R/O SARVARI PAV KI BAGICHI, JANTA COLONY, JAIPUR

Referred Judgements :-

JUDGEMENT

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